Indian Divorce Act, 1869
34. Husband may claim damages from adulterer
Any husband may, either in a petition for dissolution of
marriage or for judicial separation, or in a petition of the District Court or
the High Court limited to such object only, claim damages from any person on
the ground of his having committed adultery with the wife of such petitioner.
Such petition shall be served on the alleged adulterer and the
wife, unless the court dispenses with such service, or directs some other
service to be substituted.
The damages to be recovered in any such petition shall be
ascertained by the said court, although the respondents or either of them may
not appear.
After the decision has been given, the court may direct in what
manner such damages shall be paid or applied.